Full Text
1 ORDINANCE NO. 2007 - 07 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATL"'G IN THE CHRISTOPHER'S CROSSING SUBDIVISION RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION l OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF WAY SHALL VEST WITH THE OWNER OF THE PROPERTY AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING FOR THE VACATION OF AN EASEMENT PLATTED ON LOT 2, BLOCK B OF CHRISTOPHER'S CROSSING SUBDIVISION; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the owner of the properties located on either side of and having access to the proposed area of vacation, said area being described in Section l of this Ordinance has petitioned for vacation of said right-of-way; and WHEREAS, on the 16'h day of July, 2007, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public right-of-way is expedient for the public good; and WHEREAS, such vacation shall not include existing franchise rights and utilities or existing public utilities or improvements, as of the time of the vacation; and WHEREAS, Idaho Code Section 50-311 provides that a vacated property will revert to the owners of adjacent real property, one half ( 1/2) to each, or as the Council deems to be in the best interest of the adjoining properties; and WHEREAS, the Council deems it to be in the best interests of the adjoining property to have the vacated right-of-way revert to the property owner who made the original dedication of right-of-way; and WHEREAS, the Council also deems it to be in the City's best interest and expedient for the public good to vacate an easement platted on Lot 2, Block B of Christopher's Crossing Subdivision; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VACATION. That the following described public street right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance, except as otherwise provided in Section 2 of this Ordinance: A legal description for a parcel of land situated in the Christopher's Crossing Subdivision of the City of Moscow, Latah County, Idaho, and being more particularly described as follows: Beginning at the northwest comer of Lot I, Block B of the Christopher's Crossing Subdivision, recorded as Instrument No. 452053 on file with the Recorder's office of said county; thence S0°24'44"W, 121.74 feet along west boundary of said Lot I; thence S89°23'49"E, 26.27 feet, along the south boundary of said Lot I, to a point on the existing right-of-way line of Lande Lane and the TRUE POINT OF BEGINNING; Thence northeasterly 42.08 feet, along said right-of-way line, along a curve to the right with a radius of 40.00 feet, a chord bearing of N28°59'23"E, and a chord distance of 40.17 feet; ORDINANCE 2007- 07 CHRISTOPHER'S CROSSING; LANDE LANE VACATION PAGE I OF2 ---PAGE BREAK--- Thence leaving said right-of-way line S0°00'00"E, 65.35 feet to the south boundary of said subdivision; Thence N89°23'49"W, 4.80 feet, along said south boundary, to the southeast corner of Lot 2, Block B of said Christopher's Crossing Subdivision; Thence northwesterly along the east boundary of said Lot 2, 34.60 feet, along a curve to the right with a radius of 40.00 feet, a chord bearing of N25°55' 59"W, and a chord distance of 33.53 feet to the TRUE POINT OF BEGINNING. Said parcel contains 938 square feet, more or less. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section I of this Ordinance shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: RIGHT-OF-WAY VACATION. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that Colin F. Johnson, 567 Third Avenue NW, Kalispell, Montana, 5990 I, receive all of the property described in Section I at the time of vacation. SECTION 4: VACATION OF EASEMENT. The Council deems it to be in the best interest of the City and expedient for the public good to vacate an easement platted on Lot 2, Block B of Christopher's Crossing Subdivision of the City of Moscow, Latah County, Idaho and hereby vacates such easement. SECTION 5: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. PASSED by the Mayor and City Council and APPROVED by the Mayor the 16'h day of July, 2007. ORDINANCE 2007- 07 CHRISTOPHER's CROSSING: LANDE LANE V .-\CATION PAGE20F2